OPINION
FRYE, Judge:
Defendant Safeway Stores, Inc. (Safeway) moves to dismiss the third claim for relief from plaintiff, Jerry R. Malone's, amended complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted.
The third claim for relief is a common law claim for the intentional infliction of emotional distress. In his third claim for relief, Malone alleges that Safeway discriminated in the terms and conditions...
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